flirPremium v1.0 » Terms of Use - Current Policies

Content

• All services provided by Ephective LLC, herefore referred to as "flirPremium", may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material, protected by trade secrets and other statute.
  
  

• flirPremium will be the sole arbiter as to what constitutes a violation of this provision.

Disk Space

• flirPremium will monitor the customer's disk usage and if it exceeds a normal level of usage, flirPremium shall have the right to take corrective actions. Such corrective actions may include discontinuance of service or termination of this agreement.

flirPremium Service Refund Policy

• flirPremium does not offer refunds at this time.

• If a customer disputes a setup / renewal charge for any account, flirPremium will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.

• Accounts terminated due to policy violations will not be refunded.

Account Renewal Policy

• All service accounts through flirPremium are not renewed automatically. Customers must make arrangements to renew a service account before it automatically cancels.

• Customers are not allowed to open a second service account for a domain that is already served through flirPremium. If the customer wants to continue the flirPremium service for the specified domain with flirPremium, he/she needs to renew the account using one of the renewal options given by flirPremium.

Lost Login Information Policy

• In case the customer has lost the service account login information, he/she can request it to be sent to the contact e-mail address for the respective service.

• If the contact e-mail address is outdated or incorrect, the customer should contact accountmanager@ephective.com, who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.

Traffic Guidelines

• Service accounts have no preset traffic limit. flirPremium can determine in it's sole discretion what level of traffic for a service account is unacceptable. If a service account is found to be putting an unfair drain on the system, flirPremium may take action which includes immediately halting service or suspending, or terminating an account. In case flirPremium takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.

Distribution and/or Transmission Of Obscene Or Indecent Speech Or Materials

• Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

• Materials, accessible to the customer through flirPremium's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use flirPremium's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through flirPremium's network. If the customer uses a domain name in connection with flirPremium's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.

Network Security

• Customers may not use flirPremium's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. flirPremium will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation

• The customer may not host material that is:
  
  
  • threatening or obscene;
  • offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
  • harmful to minors;
  • likely to cause damage to reputation of third parties.

• Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Abuse

• Any attempt to undermine, slander, libel, threaten or cause harm to flirPremium's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

Indemnification

• Customer agrees to indemnify, defend and hold harmless, flirPremium, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

Disclaimer

• flirPremium, at its sole discretion, may change these terms and conditions at any time. By using flirPremium's services the user agrees that flirPremium may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on flirPremium's website, or on notification to the customer by e-mail. The customer agrees to review flirPremium's website, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying flirPremium by e-mail. Notice of the customer's termination will be effective on receipt and processing by flirPremium. The customer agrees that, by continuing to use flirPremium's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
  
  
• The content available through this site is the sole property of flirPremium and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, flirPremium-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without flirPremium's express prior written consent.

Refusal Of Service

• flirPremium reserves the right at its sole discretion to refuse or cancel service. Violation of any of flirPremium's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

Limited Liability

• THE CUSTOMER AGREES THAT FLIRPREMIUM SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, TEXT-TO-IMAGE GENERATION AND HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION TEXT-TO-IMAGE GENERATION AND HOSTING SERVICES, (3) INTERRUPTION OF FLIRPREMIUM'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO FLIRPREMIUM'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY FLIRPREMIUM; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND FLIRPREMIUM'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. FLIRPREMIUM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FLIRPREMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLIRPREMIUM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($50.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, FLIRPREMIUM'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.